ESA Support group/denial of   payment   as   pre. failed   medical

Has   anyone else   come across the following scenario client successfully   appeals refusal of ESA awarded to included   Support Component then refused   paymen t on the   basis she   previously   failed   medical previously (outside   of time   period   being   considered   by FTT)

Thanks in advance

This can’t be right. You mean FTT has made a decision as to the date and amounts of an ESA award and the DWP is ignoring it?  They can go through the process of appeal to an Upper Tribunal but if they are not doing this then the FTT must stand.  They can supersede it from a later date but they must show grounds - ignorance of a material fact or a change in circumstances.  It doesn’t sound as if either applies in this case. 

quite I cannot see anyway in which it   might be right - all of my   knowledge would seem to indicate   it should   be   payable.

In particular   it was the reply from DWP saying as she   had failed   an earelier   medical that I wanted to ask about